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Neutral Citation No. - 2025:AHC:89378 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13074 of 2025 Applicant :- Rima Rajbhar Opposite Party :- State of U.P. Counsel for Applicant :- M.S. Chauhan,Shivkumari Chauhan Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri M.S. Chauhan, learned counsel for the applicant, Shri Rajesh Kumar Singh, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Rima Rajbhar , seeking enlargement on bail in Case Crime No. 38 of 2025, under Sections 274, 275, 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 60 (1), 60 (2) of Excise Act, Police Station Bansdeeh , District Ballia.
Learned counsel for the applicant argued that the accused- applicant is innocent. She has been falsely implicated in this very case crime number and is languishing in jail since 28.2.2025.
Learned counsel for the applicant submits that only Rs.3,360/- has been recovered from the applicant and the said amount belongs to the applicant. The illicit liquor does not belong to the applicant.
Learned counsel for the applicant submits that co-accused Sarita Rajbhar has already been enlarged on bail by this Court on 18.4.2025 in Criminal Misc. Bail Application No. 12636 of 2025. She has no criminal antecedent and there is no likelihood of her fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out.
Accordingly, the bail application is allowed. Let the accused-applicant, Rima Rajbhar, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 26.5.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad